LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — Negatived by Eye Witness Account

A credible eyewitness account placing the accused at the scene of the crime directly contradicts and negatives an alibi defence. The eyewitness testimony, if believed, proves the accused was present. The alibi is then rejected. The court must assess the credibility of the eyewitness. If the eyewitness is reliable, the alibi defence fails regardless of whether the police investigated it. The principle reflects that direct evidence of presence prevails over indirect evidence of absence. The accused cannot rely on alibi to create reasonable doubt if the eyewitness account is cogent and compelling. The court weighs both the alibi and the eyewitness evidence. The standard remains proof beyond reasonable doubt.